Created by Fuzzy Cloud

Allahabad High Court

AKHIL GUPTA AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 B.N.S.S. is dismissed as not pressed.

Summary

The applicants, Akhil Gupta and Nihal Verma, filed an application under Section 528 of the B.N.S.S. seeking to quash the charge‑sheet and cognizance order in Criminal Case No. 288 of 2021, which involved offences under Sections 323, 504, 506 of the IPC and Section 3(1)(da)(dha) of the SC/ST Act. The State opposed the application. Counsel for the applicants argued that the petition should be dismissed as not pressed, contending that all substantive pleas would be raised at the trial stage. The Court examined the records and agreed with the applicants' counsel that the application was not pressed. Consequently, the Court dismissed the application under Section 528 as not pressed, without entertaining the request to quash the proceedings.

Issues considered

  • Whether the application filed under Section 528 B.N.S.S. is pressed and therefore merits consideration.

Legislation cited

Subjects

  • criminal procedure
  • Section 528
  • application not pressed
  • quash charge sheet
  • SC/ST Act
  • IPC offences
  • high court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 528 BNSS No. - 42031 of 2026

                                    Akhil Gupta And Another
                                                                                                  .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)              :   Rohan Kumar, Utkarsh Khanna
                                    Counsel for Opposite Party(s)         :   G.A.

                                    Court No. - 76
                                                            HON'BLE SAMIT GOPAL, J.

                                    1. List revised.

                                    2. Heard Sri Utkarsh Khanna, learned counsel for the applicants and Sri
                                    Bade Lal Bind, learned counsel for the State and perused the records.

                                    3. The present application under Section 528 B.N.S.S. has been filed by the
                                    applicants- Akhil Gupta and Nihal @ Nihal Verma, with the prayer to allow
                                    the present application and quash the entire proceeding as well as charge-
                                    sheet dated 14.01.2021 & cognizance order dated 06.07.2021 in Criminal
                                    Case No. 288 of 2021 (State Vs. Akhil Gupta and Another) arising out of
                                    Case Crime No. 312 of 2020, under Sections 323, 504, 506 I.P.C. and 3(1)
                                    (da) (dha) SC/ST Act, Police Station Kamalganj, District Farrukhabad, along
                                    with order dated 22.09.2025 passed by Additional Sessions Judge, Court
                                    No.2 / Special Judge (SC/ST) Act, Farrukhabad, with a further prayer that
                                    proceedings of the aforesaid case be stayed.

                                    4. Learned counsel for the applicants submits that the present petition be
                                    dismissed as not pressed as he shall be raising all pleas available to him with
                                    regard to the issue in dispute before the trial court at the appropriate stage.

                                    5. Prayer is allowed.

                                    6. The present application u/s 528 BNSS is dismissed as not pressed.

                                    September 30, 2026
                                    AS Rathore
                                                                                                (Samit Gopal,J.)




Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.